13/08/2026
A question I am often asked by family law clients is:
“If I am successful, will my former partner have to pay my legal costs?”
In family law proceedings, the usual starting point is that each party pays their own legal costs. However, the Court may make a costs order in appropriate circumstances, including after considering the parties’ financial positions, their conduct during the proceedings and any settlement offers made.
This differs from many other types of civil litigation, where the general principle is that costs follow the event.
Ferraro & Singh Lawyers has recently published an informative article explaining how legal costs may be recovered, why a successful outcome does not necessarily mean recovering your entire legal bill, and the importance of understanding the financial risks before commencing or defending proceedings.
Read the article here:
https://ferraro.com.au/recover-legal-costs-if-you-win/
Early legal advice can help you understand the likely costs, risks and potential outcomes in your particular circumstances.
This post contains general information only and does not constitute legal advice.
If you win a court case, can you recover your legal fees? Victorian lawyer Nanki Singh (Kiegaldie) explains costs orders and what may be recoverable.